Medical Malpractice Lawyers Serving Wheeling and the Ohio Valley

When Medical Mistakes Cause Harm, We Help Patients Seek Justice.

Patients trust doctors, nurses, hospitals, and other healthcare providers to deliver competent care. When a medical professional makes a preventable mistake, the consequences can be devastating, leading to serious injuries, additional medical treatment, permanent disability, or even death.

At Bordas & Bordas, our attorneys have successfully represented victims of medical negligence in Wheeling and throughout the Ohio Valley and Pittsburgh. Our firm has secured landmark medical malpractice verdicts, including a $5.1 million verdict in Turkoly v. Gentile, a $6.54 million verdict in Boggs v. Camden-Clark Memorial Hospital, and more than $9 million in combined verdicts in Roberts v. Murthy and Karpacs v. Murthy.

If you or a loved one has been harmed by a medical error in Wheeling or in the Ohio Valley, our experienced medical malpractice attorneys can help you understand your legal options and pursue the compensation you deserve.

What Must Be Proved in a Medical Malpractice Case?

Medical malpractice claims are often more complex than other personal injury cases. To successfully pursue a claim, it must generally be shown that a healthcare provider failed to meet the accepted standard of care and that this failure directly caused injury to the patient.

In many cases, proving malpractice requires evidence that:

• A doctor, nurse, hospital, or other healthcare provider deviated from the accepted standard of care.
• The deviation caused or contributed to a patient’s injuries.
• The patient suffered measurable damages as a result.

Medical malpractice claims often require extensive review of medical records and consultation with qualified medical experts. Bordas & Bordas works closely with trusted professionals to evaluate potential claims and build strong cases on behalf of injured patients.

Common Types of Medical Errors

Medical errors can occur in hospitals, physician offices, emergency departments, surgical centers, nursing facilities, and other healthcare settings.

Common examples of medical malpractice include:

• Misdiagnosis
• Failure to diagnose
• Delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries
• Failure to monitor a patient
• Anesthesia mistakes
• Hospital negligence

When a healthcare provider’s mistake prevents timely treatment or causes additional harm, the consequences can be life-changing. Our attorneys investigate every aspect of a case to determine whether medical negligence occurred.

How Do I Know if I Have a Medical Malpractice Case?

A bad medical outcome does not necessarily mean you have a medical malpractice case. The central questions are whether a healthcare provider failed to meet the applicable standard of care and whether that failure caused you additional harm.

Signs that a case may warrant further investigation can include an unexpected serious injury, a significant delay in diagnosis, treatment of the wrong condition, an unexplained surgical complication, conflicting explanations about what happened, or learning that an important test result or symptom was overlooked.

However, patients often cannot determine from their medical records alone whether malpractice occurred. Medical malpractice attorneys frequently consult qualified medical professionals who can review the treatment provided and evaluate whether it met the appropriate standard of care.

Who Can Be Held Responsible for Medical Malpractice?

Responsibility for a medical injury depends on who provided the negligent care and the relationship between the providers and healthcare facilities involved.

Potentially responsible parties may include:

• Physicians and surgeons
• Nurses
• Anesthesiologists
• Radiologists
• Pharmacists
• Hospitals and health systems
• Clinics and medical practices
• Other healthcare professionals or facilities

More than one provider may share responsibility for the same injury. A medical malpractice investigation can help determine what went wrong, when it happened, and which individuals or organizations may be legally responsible.

Why Are Medical Malpractice Cases More Complex Than Other Personal Injury Claims?

Medical malpractice cases often require proving not only that an injury occurred, but also what the appropriate medical standard of care required and how a healthcare provider failed to meet that standard.

That usually requires a detailed review of medical records and input from qualified medical experts. The case may involve complex questions about diagnosis, treatment decisions, causation, prognosis, and whether the patient’s outcome would have been different with appropriate care.

West Virginia also has specific laws and procedures governing medical professional liability claims. Before filing many medical malpractice lawsuits, a claimant must complete pre-suit requirements that do not apply to an ordinary personal injury case.

Because of these additional medical and legal issues, investigating a potential malpractice claim can take significant time.

How Long Do I Have to File a Medical Malpractice Claim in West Virginia?

In many West Virginia medical malpractice cases, a claim must be filed within two years of the date of the medical injury or within two years of when the injury was discovered, or reasonably should have been discovered, whichever occurs later. West Virginia law also generally establishes a 10-year outside limit from the date of the medical injury, subject to certain exceptions.

Different rules apply in some circumstances. For example, West Virginia law provides specific limitations periods for certain claims involving nursing homes and assisted living facilities, and special rules may apply when the injured patient is a child.

West Virginia also imposes requirements that generally must be completed before a medical professional liability lawsuit can be filed, including providing notice of the claim to the healthcare provider and, in many cases, obtaining a screening certificate of merit from a qualified healthcare provider.

Because both filing deadlines and pre-suit requirements can affect a medical malpractice claim, it is important to have a potential case evaluated as early as possible.

Medical Malpractice Lawyer

FAQs About Wheeling, WV Medical Malpractice Claims

Learn more about medical malpractice claims, investigations, and how a Wheeling medical malpractice lawyer may help.

What should I do if I think I was harmed by medical malpractice?

If you believe a medical error caused you additional harm, make sure you receive any medical care you currently need. Depending on the circumstances, that may mean seeking treatment from another healthcare provider.

Keep records related to your care, including discharge instructions, test results, prescriptions, bills, correspondence, and information available through your patient portal. Write down what you remember about the treatment and conversations with providers while those details are still fresh.

A Wheeling, WV medical malpractice lawyer can obtain and review relevant records, investigate what happened, and consult qualified medical professionals when necessary to determine whether the care you received may provide grounds for a claim.

Do I need my medical records before contacting a medical malpractice lawyer?

No. You do not need to collect a complete set of medical records before speaking with an attorney about a potential medical malpractice claim.

It can be helpful to have basic information about the treatment you received, the healthcare providers involved, when the treatment occurred, and the injury or complications you experienced. If you already have medical records, test results, bills, correspondence, or other relevant documents, keep them available.

A medical malpractice attorney can help identify which records are needed and take steps to obtain the appropriate documentation as part of an investigation.

Because important filing deadlines and pre-suit requirements apply to West Virginia medical malpractice claims, you should not delay contacting an attorney simply because you do not yet have all of your medical records.

What happens when a medical malpractice lawyer investigates my case?

A medical malpractice investigation typically begins with understanding what happened, identifying the healthcare providers involved, and obtaining relevant medical records.

The attorneys can then review the medical history, treatment, testing, diagnoses, procedures, and other relevant information to identify potential issues with the care provided. Because proving medical malpractice generally requires establishing the applicable standard of care and how a provider failed to meet it, qualified medical professionals may be asked to review the records and provide their opinions.

The investigation must also consider causation. Even when a medical provider made an error, a successful claim generally requires showing that the error caused or contributed to the patient’s injury.

If the investigation supports a claim, the attorney can then address West Virginia’s pre-suit requirements and take the appropriate steps toward pursuing the case.

How much does it cost to hire a medical malpractice lawyer in Wheeling, WV?

In Wheeling, WV and all of our offices, Bordas & Bordas handles personal injury and medical malpractice cases on a contingency-fee basis, which means clients do not pay attorney fees upfront. Attorney fees are generally paid as an agreed-upon percentage of the recovery if the case results in compensation.

Medical malpractice cases can also involve significant litigation expenses because they may require medical records, expert review, depositions, and other costs associated with investigating and proving the claim. The fee agreement explains how attorney fees and case expenses will be handled.

An initial consultation with attorneys in our Wheeling, WV office gives you an opportunity to discuss the circumstances of your potential claim and understand the fee arrangement.

Compensation Available in Medical Malpractice Cases

Victims of medical malpractice often face significant physical, emotional, and financial challenges. Depending on the circumstances of the case, compensation may be available for:

• Past and future medical expenses
• Rehabilitation and ongoing treatment
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Emotional distress
• Diminished quality of life
• Permanent disability or disfigurement
• Wrongful death damages when medical negligence results in a fatality

The value of a medical malpractice claim depends on the severity of the injury and its long-term impact on the patient and family. Our attorneys work to pursue compensation that reflects the full extent of those losses.

Talk to a Wheeling Medical Malpractice Attorney Today

If you believe that medical negligence caused a serious injury or the death of someone you love, you do not have to determine on your own whether malpractice occurred.

Bordas & Bordas represents patients and families all over Wheeling and the Ohio Valley, and gets results, including a $3.77 million verdict in a medical malpractice case against a doctor and a physician’s assistant at WVU Medicine Wheeling Hospital. Our attorneys can review what happened, obtain and analyze relevant medical records, consult appropriate medical experts, and determine whether there may be grounds for a claim.

Contact Bordas & Bordas to speak with a Wheeling medical malpractice lawyer and schedule an initial consultation.